Sch 2Provisions with respect to property

Schedule 2—Provisions with respect to property Sections 14(2), 16(7), 17(2), 18(5) Part I—Acquisition and disposal of land Sch. 2 cl. 1 substituted by No. 121/1986 s. 112. 1 Application of Land Acquisition and Compensation Act 1986 The **Land Acquisition and Compensation Act 1986** applies to this Act and for that purpose— (a) the **Housing Act 1983** is the special Act; and Sch. 2 cl. 1(b) amended by No. 40/2022 s. 44(1). (b) Homes Victoria is the Authority. Sch. 2 cl. 2 (Heading) inserted by No. 40/2022 s. 44(2). Sch. 2 cl. 2 amended by No. 40/2022 s. 44(3). 2 Governor in Council empowered to grant Crown land to Homes Victoria Notwithstanding anything in any Act, the Governor in Council is hereby empowered to grant any Crown land to Homes Victoria at such price (if any) and on such terms and conditions as the Governor in Council thinks fit. Sch. 2 cl. 3 (Heading) inserted by No. 40/2022 s. 44(4). 3 Municipalities and public statutory corporations empowered to grant land to Homes Victoria Sch. 2 cl. 3(1) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 61.7), 40/2022 s. 44(5). (1) Notwithstanding anything in any Act, a municipal council or public statutory corporation is hereby empowered to sell or give to Homes Victoria any land vested in it other than land reserved under section 4 of the **Crown Land (Reserves) Act 1978**. Sch. 2 cl. 3(2) amended by No. 12/1989 s. 4(1)(Sch. 2 item 61.8). (2) Notwithstanding anything in any Act, a municipal council or public statutory corporation is hereby empowered to— Sch. 2 cl. 3(2)(a) amended by No. 40/2022 s. 44(6). (a) lease or sub-lease any land to Homes Victoria at such rent (if any) or on such terms and conditions as it thinks fit; Sch. 2 cl. 3(2)b) amended by No. 40/2022 s. 44(6). (b) enter into an agreement with Homes Victoria for or with respect to the use, development, maintenance, management or control of any such land; and (c) apply any of its funds for or in connexion with the carrying out of any such agreement. 4 Covenants Sch. 2 cl. 4(1) amended by No. 40/2022 s. 44(7). (1) Where, pursuant to section 14(1)(e), Homes Victoria sells any land subject to terms and conditions relating to the use or development of the land by the purchaser, Homes Victoria may enter into a covenant with the purchaser which binds the purchaser as to the manner and method of and the time within which the land will be developed or redeveloped or as to the manner in which the land will be used or as to both the development or redevelopment and use of the land. Sch. 2 cl. 4(2) amended by No. 40/2022 s. 44(8). (2) A covenant under subclause (1) may be released by Homes Victoria or varied by an agreement between Homes Victoria and all persons having an interest in the land burdened by the covenant who are bound by the covenant. Sch. 2 cl. 4(3) amended by No. 18/1989 s. 13(Sch. 2 item 39(a)(i)(ii)), substituted by No. 85/1998 s. 24(Sch. item 34.1). (3) If a covenant has been entered into by a person pursuant to subclause (1) or subsequently varied pursuant to subclause (2), the Registrar of Titles on the application of the owner of the land burdened by the covenant must make a recording in the Register of the covenant or variation as the case requires. Sch. 2 cl. 4(4) inserted by No. 85/1998 s. 24(Sch. item 34.1). (4) On the making of a recording in the Register pursuant to subsection (3)— (a) the burden of the covenant or the covenant as so varied (as the case requires) runs with the land affected; and Sch. 2 cl. 4(4)(b) amended by No. 40/2022 cl. 44(19). (b) Homes Victoria may enforce the covenant against persons deriving title from the person who entered into the covenant as if it were a restrictive covenant despite the fact that it may be positive in nature, or is not for the benefit of any land of Homes Victoria. Sch. 2 cl. 4(5) inserted by No. 85/1998 s. 24(Sch. item 34.1). (5) The amendment of this clause by section 24 of the **Transfer of Land (Single Register) Act 1998** does not affect the operation, effect or enforcement of a covenant registered under the **Property Law Act 1958** and existing immediately before the commencement of that section 24. 5 Sale of land to be subject to Housing Agreements Any sale of land pursuant to section 14(1)(e) shall be subject to the terms and conditions of the Agreement or of any subsequent Housing Agreement with the Commonwealth. Sch. 2 cl. 6 (Heading) inserted by No. 40/2022 s. 44(9). Sch. 2 cl. 6 amended by No. 40/2022 s. 44(10). 6 Power of Homes Victoria to grant loans to purchasers Homes Victoria may at or after the time of sale of any land pursuant to section 14(1)(e) grant a loan to the purchaser on the security of a mortgage and subject to such terms and conditions as Homes Victoria thinks fit. Sch. 2 cl. 7 (Heading) inserted by No. 40/2022 s. 44(11). Sch. 2 cl. 7 amended by No. 40/2022 s. 44(12). 7 Power of Homes Victoria to write off outstanding rent Where Homes Victoria leases or sub‑leases any land pursuant to paragraph (g) or (h) of section 14(1) Homes Victoria may, with the consent of the Treasurer, write off such amounts of outstanding rent as from time to time are proved to the satisfaction of Homes Victoria to be irrecoverable. Part II—Easements, closure of streets, &c. Sch. 2 cl. 8 amended by No. 40/2022 s. 44(13)(a). 8 Procedure to be followed in extinguishing easements etc. Before making any recommendation to the Governor in Council under section 16(1)(b) Homes Victoria shall— Sch. 2 cl. 8(a) amended by Nos 26/1987 s. 21, 12/1989 s. 4(1)(Sch. 2 item 61.9), 40/2022 s. 44(13)(b). (a) serve notice of Homes Victoria's intention to make that recommendation to the municipal council in which the land to which that recommendation relates is situated; Sch. 2 cl. 8(b) amended by Nos 26/1987 s. 21, 40/2022 s. 44(13). (b) serve notice of Homes Victoria's intention to make that recommendation on the owners of any land which Homes Victoria considers is likely to be substantially affected by the carrying into effect of Homes Victoria's recommendation; (c) give all such owners an opportunity of setting forth their objections to the recommendation; and (d) have due regard to all such objections and to such other matters as may be prescribed. Sch. 2 cl. 9 substituted by No. 18/1989 s. 13(Sch. 2 item 39(a)(iii)). 9 Registrar of Titles to make all necessary endorsements etc. The Registrar of Titles must make any recordings in the Register that are necessary or expedient because of the operation of this Act and the holder of any relevant certificate of title, when so required in writing, must deliver it to the Registrar of Titles. 10 Land closed by Order Where the land comprised in any street or part thereof which is closed by Order under section 16(1)(b) is not, apart from this clause, land which is under the operation of the **Transfer of Land Act 1958**, the publication of the Order shall have the effect of bringing such land under the operation of the **Transfer of Land Act 1958** and clause 9 of this Schedule shall extend and apply to and in respect of such land accordingly. Sch. 2 cl. 10(2) repealed by No. 85/1998 s. 24(Sch. item 34.2). Part III—Donations, &c. Sch. 2 cl. 11 amended by No. 40/2022 s. 44(14). 11 Orders in Council with respect to property held on trust Notwithstanding any Act or rule of law, where a person or body corporate or unincorporate holds any property real or personal on trust for or for the purpose of effecting any object, which is one of the objects of this Act or which is substantially similar to any such object, that person or body may transfer, pay or deliver such property to Homes Victoria and, if the Governor in Council by Order declares that any property transferred, paid or delivered to Homes Victoria was or would have been authorized by the provisions of this clause, the Order shall be conclusive evidence of its validity and the person or body shall be discharged from all duties and obligations in relation to that property. Sch. 2 cl. 12 substituted by No. 12/1989 s. 4(1)(Sch. 2 item 61.10), amended by Nos 9/2020 s. 390(Sch. 1 item 54.2), 40/2022 s. 44(15).